Civil Case

Lawsuit against Penn State by ex-coach gets underway

October 17, 2016
 Associated Press
A civil trial set to begin Monday in a courtroom in Bellefonte, Pennsylvania, will determine if Penn State should pay for a claim it mistreated a former assistant coach who provided key evidence used to convict child molester Jerry Sandusky.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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Interactive investor files class-action suit against $1.4B sale

October 11, 2016
Jared Council
An Interactive Intelligence Inc. shareholder has sued the Indianapolis-based company and its board members over the firm's forthcoming $1.4 billion sale to another company, claiming that Interactive's value far exceeds the price and that the deal precluded competing offers.
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Mother fails to prove entitlement to coverage after untimely payment

September 16, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a Hendricks County woman’s insurer on her suit alleging breach of contract after the insurance company declined to cover her son’s auto accident, which occurred after she let her coverage lapse for nonpayment.
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Builder’s statute of limitations defense prevails in COA

September 8, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.
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Carlson settles harassment suit against Ailes for $20 million

September 6, 2016
 Associated Press
Former Fox News Channel anchor Gretchen Carlson has settled her sexual harassment lawsuit against Roger Ailes, the case that led to the downfall of Fox's chief executive with stunning swiftness this summer.
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Indiana sees Syrian refugee stream since Pence order blocked

September 6, 2016
 Associated Press, IL Staff
About 150 Syrian refugees have arrived in Indiana in the months since a federal judge scuttled Republican Gov. Mike Pence's order blocking state agencies from helping their resettlement. Refugee assistance groups expect more this year, even as lawyers for the state go before the 7th Circuit Court of Appeals in Chicago on Sept. 14 to try to have the judge's decision overturned.
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South Bend family questions $18 award for police abuse

September 6, 2016
 Associated Press
The family of a black teenager who was punched and handcuffed by three South Bend police officers then subdued with a stun gun in a case of mistaken identity is questioning why jurors awarded them just $18 in a lawsuit accusing the officers of violating his constitutional rights.
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Gun store argues no liability for straw sale linked to officer’s shooting

August 31, 2016
Dave Stafford
Lawyers for a gun store sued for making an illegal straw sale of a firearm that was used to shoot an Indianapolis police officer argued Wednesday that Indiana gun sellers are shielded from civil lawsuits even when they break the law.
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FSSA employees face individual claims for day care registration revocation

August 31, 2016
Jennifer Nelson
Two employees of the Indiana Family and Social Services Administration will face individual-capacity claims brought by a religious day care whose registration was revoked without providing for some type of hearing, the 7th Circuit Court of Appeals held Tuesday.
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COA reverses woman’s fine for defying no-animals order

August 31, 2016
Jennifer Nelson
Finding the $1,000 fine imposed for indirect contempt of court after a woman continued to have animals at her home after ordered by a court not to do so was punitive in nature and impermissible, the Indiana Court of Appeals reversed Wednesday.
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Promise to pay for broken nose breathes life into estoppel claim

August 23, 2016
Marilyn Odendahl
A young woman who suffered a broken nose trying to help law enforcement can have her estoppel claim move forward even though she did not file a timely notice under the Indiana Tort Claims Act.
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Ex-Fox News host sues Roger Ailes, others

August 23, 2016
 Associated Press
Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.
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Was painting by famed living artist? US judge to decide

August 23, 2016
 Associated Press
A federal judge in Chicago is set to issue a verdict in a peculiar civil trial over a celebrated Scottish-born artist's insistence that he did not paint a landscape work that was once valued at more than $10 million.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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Indianapolis woman sues over police dog attack

August 5, 2016
 Associated Press
A woman is suing Indianapolis police after a department police dog injured her while the animal was chasing a suspect last year.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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Plaintiffs lose state court challenge to anti-conflict of interest law

July 28, 2016
IL Staff
The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.
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7th Circuit: Insurer must defend against pill mill lawsuit

July 25, 2016
Marilyn Odendahl
An insurance company will have to defend its client pharmaceutical distributor in fending off a West Virginia lawsuit seeking restitution for the epidemic of prescription drug abuse.
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Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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SCOTUS says judges can recall discharged juries

June 9, 2016
 Associated Press
The Supreme Court of the United States said Thursday that judges may — in rare circumstances — call a jury back to the courtroom after it has delivered a verdict and been dismissed.
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Task force debates putting pre-conviction filings online

June 3, 2016
Scott Roberts
The Indiana Supreme Court’s Advisory Task Force on Remote Access to and Privacy of Electronic Court Records voted Friday to recommend attorneys and clients have access online to all criminal case filings they are party to after the conviction has been entered, but did not set a date for when that would be available. The task force is considering whether pre-conviction criminal case filings should go online.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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